Humanitext Reader

Justinian I · The Digest of Justinian §48.5.41.pr-48.5.41.1

Remarriage Without Accusation and Abandonment by Reconciliation

Passage 8215 of 9271 · Latin

Summary

This section discusses whether a woman can marry a suspected adulterer if her husband threatened accusation but took no action, and whether a husband who takes back his wife after an attempted accusation of adultery is deemed to have abandoned his right to sue.

[PAULUS libro nono decimo responsorum. ] §48.5.41.prQuaesitum est, an ea, quam maritus adulterii crimine se accusaturum minatus est nec quicquam egit uel iure mariti uel iure publico, nubere possit ei, quem in ea reum adulterii destinauit.
[PAULUS, Responsas, Book XIX.] It was asked whether a woman whom her husband threatened to accuse of the crime of adultery, but did not take any action either by the right of a husband or by public right, could marry the man whom the husband had designated as the defendant of adultery in her case.
Paulus respondit nihil impedire, quo minus ei, quem suspectum maritus habuit, ea de qua quaeritur nubere possit.
Paulus responded that nothing prevents the woman in question from marrying the man whom her husband held under suspicion.
§48.5.41.1Item quaeritur, an idem maritus destitisse uideatur uel lenocinium commisisse, qui eandem reduxit uxorem.
Likewise, it is asked whether the same husband is deemed to have abandoned the suit or to have committed pandering, who took back the same wife.
Paulus respondit eum, qui post crimen adulteri intentatum eandem uxorem reduxit, destitisse uideri et ideo ex eadem lege postea accusandi ei ius non superesse.
Paulus responded that he who, after the accusation of adultery was attempted, took back the same wife, is deemed to have abandoned the suit, and therefore no right of accusing later under the same law remains to him.

Notes

  1. §48.5.41.prse accusaturum minatus est — The pronoun `se` serves as the subject accusative of the future active infinitive `accusaturum (esse)`, indicating that the husband threatened that he himself would accuse her.
  2. §48.5.41.prquo minus — Used after verbs of hindering or preventing (here, with negation `nihil impedire`) to introduce a clause with the subjunctive (`possit`), meaning "nothing prevents [her] from..."
  3. §48.5.41.1post crimen adulteri intentatum — The preposition `post` with the noun `crimen` and the perfect passive participle `intentatum` forms a dominant participle construction (akin to 'ab urbe condita'), meaning 'after the accusation of adultery had been attempted.'

Cite this passage

Justinian I, The Digest of Justinian §48.5.41.pr-48.5.41.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.5.41.pr-48.5.41.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.